Rehabilitation visa and TRP or TRP?

[Fabijohns]

Hello, I’m getting all the paper work for the fbi clearance, it takes up to 14 weeks to get the results back so I can submit the rehabilitation application with the proper documentation, then it will take another 6 to 9 months to get the approval. That is too long. Can I submit for a TRP while I wait to get the FBI fingerprinting background check returned to me
? I want to visit Canada with my husband and son and would need visitors visa to travel with them, my husband has a work meeting in Canada and I’d like to accompany him, and stay the weekend to see the sites with our son.
I have 1felony conviction for drugs, conspiracy. 20 years ago, I did two years in a USA. I was a permanent resident, lived there since I was eight years old . Went to school, college and worked all my life. Now iim inadmissible to enter Canada legally and I don’t think I can get a regular visitors visa? I’m now living in colombia S.A I’m a citizen here with no criminal record.
What is the best way for me to get to go with my family on this trip? Or should I just forget it and let them go alone? Please any advice will be greatly appreciated. Thank you,
Fj

 

[scylla]

Correct - you don't qualify for a TRV since you are currently inadmissible to Canada.

You can definitely try for the TRP. Impossible for any of us to say how quickly the TRP will be process and if it will be approved. Processing could take days or it could take months. Also possible they may ask you to provide an FBI cert in which case you are back to square one waiting for it to be produced. Generally speaking, TRPs are granted to individuals who have a pressing need to be in Canada. Not sure CIC will view a business trip with your husband as a pressing need. But again - you can certainly try. You'll want to include all of the information relating to your conviction including court papers, etc.

Good luck.

 

[Fabijohns]

What would be a pressing need? My pressing need would be that I would be reunited with my husband and son since I’ve been leaving here in Colombia by myself.

What is considered a pressing need?

Thank you
Fj

 

[scylla]

What would be a pressing need? My pressing need would be that I would be reunited with my husband and son since I’ve been leaving here in Colombia by myself.

What is considered a pressing need?

Thank you
Fj

That's not a pressing need. He's only a business visitor to Canada (not a Canadian resident) and you want to accompany him on this visit. You're basically saying you want to take a vacation in Canada with your husband while he's there on business. The fact your husband lives in the US and you live in Colombia (and can't enter the US) won't be taken into consideration - and doesn't make this a pressing need.

A pressing need is something like you have a terminally ill parent who lives in Canada as a permanent resident/citizen and you wish to visit that parent before they pass away.

 

[Fabijohns]

Do you think it be better for me to wait till my husband gets his job in Canada and starts his papers for residency then after that he can ask for me as his wife. I’m trying to think of the best way and fastest way I can get there, being that I have to get the rehabilitation visa. Or it will take just as long or longer if I wait, the real reason is that just getting the finger prints results from the fbi in USA takes 12 to 16 weeks then after that I can send in my application with the finger prints to start the rehabilitation and then whatever more time that takes to finish that process, it all seems endless to me. Help please anyone?

 

[scylla]

Based on your immigration history, I don't think Canada is going to approve you to come to Canada until your husband applies for PR (with you included) and that PR application is approved.

 

[Fabijohns]

But you said that my crime which was 20 years ago , that I was rehabilitated, why would I now need to have my husband become a permanent resident? Couldn’t I do it on my own. I have 1 criminal history in 50 years 20 years ago and all lawyers including the one from this site told me that “ As I mentioned over the phone, because it has been more than 5 years since you completed all the terms of your sentence, you are eligible to apply for criminal rehabilitation. Upon approval of this application, you will have a clean slate as it concerns your ability to legally enter Canada. There will no longer be any hindrances related to your previous convictions and you will be able to come and go as you please.“ is this not true? Please let me know so I don’t waste my money. Thank you. I already started the paperwork by sending for my fbi report which will take 12 to 16 weeks ( does any one know how this could get speed up? Also after I get the results send in with my rehabilitation to Canada that will take an extra 6 to 9 month for final results. Does anyone know of a better or faster way? Thank you for all your answers.

 

[scylla]

This has been explained in your previous threads. It's not just the criminality you have to overcome - you also have to overcome your relatively recent deportation from the US and weak ties to your home country. Being able to legally enter Canada doesn't mean that a visitor visa will be approved. Lots of people are refused visas who are legally able to enter Canada (we see tons of these cases here). Being legally allowed to enter Canada isn't the only requirement you need to meet to be approved for a visitor visa - you also have to prove other things like strong ties to your home country.

There's always some possibility it will work out - but I think you have your work cut out for you. Good luck.

 

[Fabijohns]

What is considered strong ties! Also should I just hire a lawyer or do it myself, I’m not sure if it even makes any difference at this point.

 

[Fabijohns]

Well, I guess my best bet is to try to get the rehabilitation myself then after my husband gets his residents visa he can ask for me? What do you think? How long does it take for him to get a permanent resident visa. From your heart do you think I should just st let a lawyer handle this for me, I’m really confused and in anguish at this point I don’t know what is best or not I don’t k ow what way to turn.

 

[Fabijohns]

As I mentioned before I need a rehabilitation visa, you said while that is being processed I could go to Canada with a TRP, correct? Could I go visit my husband there? He will be working there and I would like to go visit him while my rehabilitation visa is being approved. Will that be a good enough reason for me to go to Canada or what reasons are there for me to go to Canada? If I get a TPR I can go visit my husband in Canada until I get approved? It will take 12 to 16 weeks to get my FBI report from my finger prints, then after. Get the FBI report I can apply for the rehabilitation which takes another 6 to 9 months, it just seems like an endless process, I see no end to all this future waiting, but I guess this is the time frame for this process. Once my husband is living and working in Canada for 2 yeas he can apply for permanent residency and ask for me but this seems like eternity for me to be apart from him and our adopted child who is 6 years old. I’ve already been away from them for two years, I need to get back to them so my husband can get back to fully work he is an account manager for the whole Florida area, he has to constantly fly for business and this takes a toll on our adopted son who has at his young age endured enough pain for a life time. He will have the same or more job responsibility when he is working for Sun Chemical in Canada. He has worked for Sun chemical North America for 20 years .
We need to reunite our family not only so my husband and my sake but to give our adopted son the permanent and stable home we promised when we adopted him. I don’t know how many people in very sad circumstances have contacted you but I can tell you that the pain of separation my family feels on a daily basis is just heart wrenching for us especially my boy Ayden who finally got a mommy to be separated from me is to us excruciating circumstances. We need to find a legal way to be together so we can reunite our family. That’s why my husband is willing to leave his country and family and friends so he can keep our family together. I hope to hear from you soon. Thank you. Or how about a family class sponsorship?

 

[Fabijohns]

Can I apply for rehabilitation can I apply to both rehabilitation and another for information only? Does it take the same amount of time to process one or the other?

 

[canuck78]

Your husband will have to speak to his employer about getting an LMIA if he would like to transfer to a position in Canada and if that is approved he could apply for a work visa. He can't just move to Canada like another state. The company will have to pay for the LMIA. Unfortunately many families going through various immigration programs are separated for numerous years so that won't speed up the processing of your application or guarantee that you file will be approved.

 

[Fabijohns]

How about, trade agreements, for your company, thier subsidiary, branch, affiliate or parent company in Canada. My husband works for such a company. Intra-company transfer. Us and Canada trade agreement.

 

[canuck78]

Ok just doublecked you are right it is LMIA exempt but still need to applied for and it could take a couple of months. I apologize for the mistake.